The Ombudsman Files – Ignored repairs and poor complaint handling

The Complaint

A broken oven was the first reason the tenant residing at the property got in touch with the letting agent. Despite many weeks passing, no action was taken by the agent. The tenant decided to take matters into her own hands and replaced the oven herself subsequently requesting reimbursement from the landlord.

The letting agent acknowledged that they failed to inform the landlord after the broken oven issue was raised to them. Since the tenant had the oven installed without the agent’s knowledge, they didn’t confirm whether relevant safety checks had been completed.

Terms of business stated that the agent would issue annual reminders of the need to complete the gas safety check. The terms of business also noted that the landlord was responsible for completing the annual gas and electric checks required. Adjudication determined the agent should have proactively advised the landlord of her responsibilities to ensure tenant safety.

Agents have a duty of care towards landlords and tenants and ensuring that gas safety checks are completed is vital.

Complaints handling

After 15 days of escalating her complaint, the landlord stated that the agent did not respond. Both our Codes of Practice and the agent’s internal complaints procedure required a response to the complaint in a timely manner, which was not adhered to.

Again, the agent acknowledged their shortcomings and adjudication supported this aspect of the dispute.

In their final viewpoint letter, the agent offered £225 for shortfalls in service and after the case went through a review, adjudication determined that an award of £225 was a fair resolution to the dispute. The adjudicator noted that whilst aggravation was experienced by the landlord, the impact was short lived.

This dispute is a fairly straightforward example of poor communication by the agent.”

This dispute is a fairly straightforward example of poor communication by the agent, had they promptly made the landlord aware of the oven issue and worked together to resolve it, then this dispute could have been avoided.

Lessons learned

Agents managing a property should respond promptly and appropriately to communications from tenants and landlords, especially where related to statutory repairing or maintenance obligations or safety regulations.

Ensuring a duty of care for tenants and landlords is essential, particularly to keep tenants safe in their homes.

Maintaining and operating an in-house complaints procedure is important for both customer service and to promptly resolve any issues to prevent escalation.

As in the Codes of Practice, all written complaints must be acknowledged in writing within three working days and an investigation must take place. Then, a formal written outcome of the investigation must be sent to the complainant within 15 working days of receiving the complaint.

Read more of the Ombudsman Files here.